Compared with many states, Iowa’s laws governing the employment relationship are generally pretty employer friendly. But, if some members of the Iowa House of Representatives get their way this legislative session, that will change in a hurry. House members have
Continue Reading Iowa House Seeks to Impose New Obligations and Liabilities on Employers
Although “joint employment” is not a new legal concept, in recent years federal agencies such as the Department of Labor and National Labor Relations Board have made aggressive efforts to expand its application. The targets of those who seek to
Continue Reading Who is the Employer? Department of Labor Tries to Clarify the Rules Governing Joint Employment
As many employers recall with chagrin, the National Labor Relations Board and its General Counsel were very active during the Obama administration, overturning long-established precedent, changing rules in a way that favored unions over employers, and inserting itself into
Continue Reading NLRB Finishes 2019 with a Flourish, Correcting Some of the Excesses from the Board’s Activist Era.
Back in October, we covered then upcoming oral arguments at the Iowa Supreme Court in Ferguson v. Exide Technologies. Last week, the Court issued its opinion in that case.
The principal question in Ferguson was whether an employee may sue
Continue Reading Iowa Supreme Court Rejects Wrongful-Discharge Claim for Violations of Workplace-Drug-Testing Statute
On December 13 the National Labor Relations Board announced amendments to a controversial 2014 election rule issued under the Obama era NLRB. The amended rule will be published on December 18, and is scheduled to go into effect 120 days
Continue Reading New NLRB Rule Will Slow Down “Quickie” Union Elections
It’s not very often an appellate court takes away a jury verdict because of the trial court’s discretionary ruling to extend a deadline. The case is Petrone v. Werner Enterprises (8th Cir. 10/10/2019). Student drivers for Werner Enterprises brought a
Continue Reading Eighth Circuit Reverses $700k Verdict in Wage and Hour Case based upon Non-Compliance with Scheduling Order
It’s October, and the Iowa Supreme Court’s term is in full swing. Next week the Court will hear argument in Ferguson v. Exide Technologies (No. 18-1600). The case addresses whether an employee may bring a tort claim against her employer
Continue Reading Iowa Supreme Court to Address whether Wrongful-Discharge Claim Supplements Remedy in Workplace-Drug-Testing Statute
The U.S. Court of Appeals for the Fifth Circuit issued a potentially game-changing decision earlier this month on the EEOC’s Enforcement Guidance on criminal background checks. The case is State of Texas v EEOC (5th Cir. 8/6/2019). An applicant
Continue Reading What Does the Future Hold for EEOC’s Enforcement Guidance on the Use of Criminal Background Checks?
As employment cases go, the 2018–2019 adjudicative term (covered in Part I here) may go down as a year of missed chances. In Hawkins v. Grinnell Regional Medical Center, Patrick Smith wrote in June, the Justices failed to address
Continue Reading Iowa Supreme Court 2018-2019 Term in Review: Labor and Employment Edition (Part II)
Arbitration continues to be popular with many employers. Two significant factors driving employers to arbitration, and away from state and federal courts, are the potential for lower defense costs and reduced risk of runaway jury awards that seem to be
Continue Reading Can You Prove Your Employees Consented to the Arbitration Agreement in the Employee Handbook?
